HollywoodLife.com has uncovered a significant development in the Cyrus divorce plan that could mean the couple has decided to stay together. Good news for Miley?

Billy Ray Cyrus filed for divorce from Tish Cyrus Oct. 26 — that’s 38 days ago. But by Tennessee law, Tish has to be served with the papers within 30 days — and we’ve learned she hasn’t been served yet, which could mean that the couple has decided to stay together.

Clerks at the Chancery Court Of Williamson County tell us that once the divorce is filed, there is a strict 30-day time period from day of filing for the respondent/defendant (in this case, Tish) to be served with divorce papers.

As of today (Dec. 3), it’s been 38 days. Two clerks tell HollywoodLife.com that there is no notice of service to Tish on file at the court and that when one party isn’t served within 30 days, it typically means the divorce is off.